Is it too risky to run an internal workplace investigation in 2026?
Some workplace investigations can be handled internally. Others demand independence, legal expertise and protection.
Workplace investigations in the age of psychological safety
With employment litigation at record levels and increased scrutiny around psychological safety, many organisations are asking the same question:
“Is it even worth running investigations internally anymore?”
We often hear:
“If this is going to end up in the Fair Work Commission anyway, maybe we should just bring someone in from the start.”
The reality?
The legal standards for procedural fairness haven’t changed. There is no automatic legal requirement to appoint an external investigator for every complaint.
In fact, outsourcing every matter can:
Escalate issues that could have been managed,
Increase cost and delay, and
Signal a level of seriousness that may not be proportionate.
That said, there are situations where independence and legal expertise matter — particularly where litigation risk, senior leaders, or termination-level allegations are involved.
To help you make that call with confidence, we’ve created a simple decision tree above.
Signs you may need an employment lawyer to run an external investigation
If one (or more) of these apply, an external, lawyer-led investigation may provide the independence, defensibility and privilege protection your organisation needs.
The “Who” Factor – The respondent is a senior executive or board member.
The “What” Factor – The allegations could lead to termination (e.g. serious misconduct).
The “Bias” Factor – HR or Legal may be perceived as conflicted or biased.
The “Capacity” Factor – You don’t have the time or investigation expertise to do it properly.
Here to Help
If you’re still unsure about whether to conduct an internal or external workplace investigation, reach out to our Employment and Workplace Relations team. We can guide you through the process or run an independent, lawyer-led investigation on your behalf. Reach out here.